Lawyers for New York Rep. Charlie Rangel’s Democratic opponent are planning to re-file their court petition citing myriad problems with last week’s primary, after temporarily withdrawing the petition Monday in order to gather more evidence.

Rangel challenger, Democratic New York State Sen. Adrian Espaillat, is suggesting the tight race – in which Rangel declared victory – was marred by voter fraud.

“Voters have been pushed away, and as a result many feel that they were suppressed from voting,” Espaillat declared. “The legitimacy of this election is at place right now … there was a level of voter suppression. We are here to protect a process that must be reliable.”